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Barbara J. Kimmitt KC

Will, Power of Attorney, Personal Directive, Trust and Dependent Adult Lawyer and Mediator at Bennett Jones Calgary

Partner

Katherine Klein

Private Wealth & Estates Lawyer at Bennett Jones Calgary

Associate

Alberta has updated its legislation regarding testamentary and incapacity planning to allow the remote execution of wills, powers of attorney, and personal directives, eliminating previous time restrictions. While initially introduced as a temporary measure during COVID to accommodate distancing and travel restrictions for medical reasons, remote execution of these documents is now permanently permitted. In other words, wills, powers of attorney, and personal directives may now be signed remotely for any reason, without medical justification. The legislation does not include any provisions respecting the use of electronic or digital signatures in the creation of testamentary and incapacity planning documents.

Alberta Permanently Adopts Remote Signing for Wills Powers of Attorney and Personal Directives

Alberta Permanently Adopts Remote Signing for Wills, Powers of Attorney and Personal Directives

Barbara Kimmitt participated in a panel at the STEP Canada-USA 2024 Cross-Border Conference, discussing the advantages of using trusts in wealth planning for ultra-high-net-worth individuals.

Wealth Management for Ultra-High-Net-Worth Individuals Utilizing Trusts for Cross-Border Planning

Wealth Management for Ultra-High-Net-Worth Individuals: Utilizing Trusts for Cross-Border Planning

<a href="/sitecore/service/notfound.aspx?item=core%3a%7b0891AF87-144B-424B-A602-92F358B889E0%7d%40en">Barbara Kimmitt</a> recently was a guest on <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.rbcwealthmanagement.com/en-ca/" target="_blank">RBC Wealth Management</a>'s <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.rbcwealthmanagement.com/en-ca/podcasts/episode-51-how-does-a-living-trust-differ-from-a-trust-in-your-will?utm_medium=email&utm_source=rt-client-email&utm_campaign=matters-beyond-wealth&utm_content=hidden&utm_id=2de0d1f2936acdb8454fdea230b02b6c" target="_blank">Matters Beyond Wealth</a> podcast. 
This episode discussed common misconceptions surrounding trusts, including the belief that they are only relevant for the ultra-wealthy or minors. The episode also explored the unique benefits and considerations associated with lifetime trusts, emphasizing their role in a variety of estate planning strategies.

Barbara Kimmitt on Matters Beyond Wealth

Darcy D. Moch KC

Tax Lawyer at Bennett Jones Calgary

Partner 

Bennett Jones partners Barbara Kimmitt and Darcy Moch are ranked as leading lawyers in the area of Private Wealth Law in the <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://chambers.com/legal-rankings/private-wealth-law-canada-21:2633:50:1" target="_blank">Chambers High Net Worth 2024 guide</a>.

Barbara Kimmett and Darcy Moch Once Again Recognized as Experts in Private Wealth Law

Barbara Kimmitt and Darcy Moch Once Again Recognized as Experts in Private Wealth Law

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

Across the Atlantic, the European Union (EU) and its member states have also been encouraging climate-resilient agri-tech innovation, but their approach to intellectual property incentives has been a bit different. The European Union has set ambitious climate goals (like achieving climate neutrality by 2050) and launched the European Green Deal, a broad policy agenda to support sustainable technologies. While funding and regulations (such as support for sustainable farming practices) are big parts of the EU strategy, there is also recognition that IP rights play an important role in fostering innovation. However, unlike Canada or the recent US pilot program, Europe has not implemented a unified “green channel” for patent examination at the European Patent Office.

Fast Tracks and Green Gaps Part III

Fast Tracks and Green Gaps Part III: Green Without the Label: Europe's Pragmatic IP Approach to Agri-Tech Innovation

Steven L. Major KC

Commercial Dispute, Construction, Fraud, Police and Personal Injury Lawyer at Bennett Jones Calgary

Drew C. Broughton

Corporate Commercial and M&A Lawyer at Bennett Jones Calgary

Kevin Myson

Corporate, Commercial Transaction, Energy, Natural Resource and M&A Lawyer at Bennett Jones Calgary

Canada is navigating a "wild frontier" in the energy industry, with a unique opportunity to forge successful and sustainable partnerships both domestically and internationally. This was the rallying call at the Energy Business Forum during the 74th Canadian Energy Executive Association (CEEA) conference in Banff, Alberta, where industry leaders gathered to share visions for the future of Canada's energy landscape.

Key Takeaways From the Wild Frontier Energy Business Forum CEEA 74

Key Takeaways From the "Wild Frontier" Energy Business Forum at CEEA '74

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Jennifer (Jenn) K. Choi

Maruska Giacchetto

This article examines the Ontario Court of Appeal's decision in J.P. Thomson Architects Ltd. v Greater Essex County District School Board, 2025 ONCA 378, which provides critical clarification on the interpretation of multi-step dispute resolution (MSDR) clauses. MSDR clauses, commonly used in commercial contracts, outline escalating steps such as negotiation, mediation, and arbitration to resolve disputes. The Court addressed ambiguities in the drafting of MSDR timelines, emphasizing that specified timeframes should be interpreted as minimum waiting periods rather than strict deadlines. The decision overturned a lower court ruling that barred a party from arbitration due to a perceived failure to meet a 30-day mediation request deadline. This article highlights the importance of precise drafting in MSDR clauses, discusses the implications of the Court's decision, and provides practical guidance for parties drafting or negotiating dispute resolution provisions in commercial agreements.

Do you need to rush to mediate - Ontario Court of Appeal

Do You Need to Rush to Mediate? Ontario Court of Appeal Clarifies Interpretation of Multi-Step Dispute Resolution Clause

The United States has long been a major player in both agri-tech innovation and the intellectual property (IP) landscape. In the past, the United States Patent and Trademark Office (USPTO) offered its own version of a green patent fast-track to encourage climate-friendly inventions. Notably, in 2009 to 2011 the USPTO ran a Green Technology Pilot Program that prioritized examination for certain eco-friendly patents. The pilot ended in 2012, but more recently the USPTO brought back the idea in June 2022, with the Climate Change Mitigation Pilot Program, which was essentially an accelerated examination program for patent applications directed to fight climate change. Under this program, inventions designed to reduce or monitor greenhouse gas emissions, including many clean energy, sustainability or climate-smart agriculture innovations, could be examined out of turn. Importantly, like Canada’s program, the US pilot did not charge the usual petition fee for expediting. The goal was to spur green tech by making it faster and cheaper to secure IP rights.

Fast Tracks and Green Gaps Part II

Fast Tracks and Green Gaps Part II: Innovation Interrupted: What the End of the USPTO's Green Program Means for Agri-Tech

Climate change is driving a surge in agricultural technology (agri-tech) innovations aimed at making farming more resilient and sustainable. From drought-resistant crops to carbon-capturing soil techniques, these climate-focused agri-tech solutions are crucial for global food security. An often-overlooked piece of this puzzle is intellectual property (IP) strategy, namely how patents and other IP rights are used to protect and incentivize innovation.

Fast Tracks and Green Gaps Part I

Fast Tracks and Green Gaps Part I: Planting the Future: Why Canada's IP System May Be the Climate Innovation Sleeper Hit

Testamentary Capacity and the Taking of Instructions

Authors


Bennett Jones Article Testamentary Capacity and the Taking of Instructions May 1, 2011 Authors Barbara J. Kimmitt KCPartner This paper examines the law relating to testamentary capacity including a review of recent decisions, followed by a discussion of what the cases tell us about a lawyer's duties and obligations when taking instructions or attending to the signing of a will where testamentary capacity might be an issue. Presented to the Legal Education Society of Alberta 44th Annual Banff Refresher in Lake Louise, Alberta. Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com. For informational purposes only This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors. Authors Barbara J. Kimmitt KC, Partner Calgary • 403.298.3665 • kimmittb@bennettjones.com